A review on it’s own motion may impact the avenues of appeal and the appeal period for the client regarding that decision.
Section 322 of the MRCA states that if more than 12 months have passed since a determination was made and the client has not exercised their appeal rights under the Act, there is no open appeal pathway, and the matter is considered finally determined.
MRCA section 347 must be mentioned on review own motion determination letters.
Section 347 of the MRCA allows a delegate who did not make the original MRCA permanent impairment determination to vary, revoke or confirm that determination based on the merits of the claim. A section 347 review determination is an original determination and can be reviewed under section 347.
Section 347 of the MRCA does not specify a timeframe for when an initial liability decision can be varied or revoked.
Initial liability decisions under the MRCA may be varied or revoked to:
The following scenarios show a notional assessment calculation:
Scenario 1: DRCA PI lump sum of $48,282.52 in respect of Posttraumatic stress disorder.
Posttraumatic stress disorder is under the VEA WEF 18/06/2023
DCP currently paid at 100% WEF 18/06/2023.
VEA offsetting delegates process clearances for the following types of compensation:
Examples of review own motion under the DRCA include:
varying diagnosis
revoking liability for condition(s) accepted under the DRCA as period of service not covered under the Act
accepting condition under the DRCA
changing Standard of Proof the condition was accepted under.
From 21 April 2025, the review pathway for most claims under all 3 Acts is the Veteran’s Review Board (VRB).
All applications to the VRB need to be made directly to the VRB, not through DVA.
The appeal process and how a client can lodge an appeal depends on the date that the claim was determined.
